HomeMy WebLinkAbout1913RESOLUTION NO. fl/3
A RESOLUTION of the City Council of the
City of Kent, Washington, providing for submission
to the qualified electors of Kent at the November 3,
2015, election an advisory proposition asking
whether qualified voters recommend the Kent City
Council pass an ordinance prohibiting the sale,
possession, and discharge of consumer fireworks at
all times within the Kent city limits.
RECITALS
A. Pursuant to RCW 70.77.136, consumer fireworks are those
fireworks that may be purchased at permitted fireworks stands within the
city limits of Kent. Currently, pursuant to Chapter 13.05 of the Kent City
Code, consumer fireworks may be sold and purchased in Kent from 12:00
noon to 11:00 p.m. on June 28th, and from 9:00a.m. to 11:00 p.m. from
June 29th through July 4th. Consumer fireworks may be possessed from
12:00 noon on June 28th through 11:00 p.m. on July 4th. Consumer
Fireworks may only be discharged in Kent between the hours of 9:00 a.m.
and 11:00 p.m. on July 4th.
B. Public displays of fireworks are subject to different regulations
than consumer fireworks. Public displays of fireworks, such as the
fireworks shows that occur during the 4th of July Splash event at Lake
Meridian Park, and the tree lighting ceremony in downtown Kent, are
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subject to strict inspection and permitting regulations set forth in Chapter
70.77 of the Revised Code of Washington. In Kent, public displays are
limited to 4th of July ceremonies, sanctioned high school events, wedding
ceremonies, cultural events, and Kent's annual tree lighting ceremony.
C. The Kent City Council recognizes that fireworks are a
traditional way of celebrating national independence and the 4th of July.
The Council also recognizes risks and consequences of the discharge of
consumer fireworks that may be detrimental to the public health, safety,
and welfare. The Council further recognizes that many of the risks and
consequences associated with the sale, possession and discharge of
consumer fireworks are not attendant to the public display of fireworks.
D. The Council has, on numerous occasions, debated whether to
prohibit or place further restrictions on the sale, possession, and discharge
of consumer fireworks in the City to protect the public health, safety, and
welfare. These debates are passionate and well balanced, and decisions
are often made on close votes of the Council.
E. On July 21, 2015, the Council determined that it would be in
the best interest of the City to allow the citizens of Kent to advise the
Council on whether to prohibit the sale, possession, and discharge of
consumer fireworks in Kent.
F. As a result, the Council adopts this resolution which will result
in placing on the November 3, 2015, election ballot an advisory proposition
presenting the question of whether the City Council should pass an
ordinance that will prohibit the sale, possession, and discharge of
consumer fireworks within Kent at all times, including the 4th of July.
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G. The Council will consider the results of this advisory
proposition when determining what action, if any, should be taken with
regard to regulating the sale, possession, and discharge of consumer
fireworks in Kent.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. -FINDINGS. The Kent City Council finds that the
interests of the City of Kent will be best served by placing before the voters
an advisory proposition asking voters whether the sale, possession and
discharge of consumer fireworks should be prohibited within the City of
Kent.
SECTION 2. -CALL FOR ELECTION. The Kent City Council requests
King County Elections hold an election on November 3, 2015, in the manner
provided by law, for the purpose of submitting to the qualified electors of
the City of Kent, an advisory proposition asking whether the sale,
possession, and discharge of consumer fireworks should be prohibited
within the City of Kent.
SECTION 3. -OFFICIAL BALLOT PROPOSITION. The Kent City Clerk
is hereby directed to certify, no later than 4:30 p.m. on August 4, 2015, to
King County Elections, the following advisory proposition:
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CITY OF KENT
ADVISORY PROPOSITION 1
SALE, POSSESSION, AND DISCHARGE OF CONSUMER
FIREWORKS IN THE CITY OF KENT
The Kent City Council is calling for an advisory election to
determine whether the sale, possession, and discharge of
consumer fireworks should be prohibited in the City of Kent.
The prohibition of the sale, possession or discharge of consumer
fireworks would not affect properly licensed and permitted
public displays of fireworks.
Shall the sale, possession and discharge of consumer fireworks
be prohibited in the City of Kent?
YES .......................... D
NO ........................... D
SECTION 4. -BALLOT MEASURE SUBMISSION COVER SHEET. The Kent
City Clerk is directed to file a ballot measure submission cover sheet at the
same time the advisory proposition is certified in accordance with Section 3
of this resolution.
SECTION 5. -EXPLANATORY STATEMENT. The City Attorney is hereby
directed to prepare and/or approve an explanatory statement in accordance
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with RCW 29A.32.241, and shall submit the explanatory statement to King
County Elections by 4:30p.m. on August 7, 2015.
SECTION 6. -REQUEST FOR INCLUSION IN VOTERS' PAMPHLET AND
PRO/CON COMMITTEE APPOINTMENTS. The Kent City Council requests
King County Elections include the proposition referenced herein as well as
information related to the proposition in the voters' pamphlet distributed
for the November 3, 2015, election. The City Council hereby authorizes the
use of City funds to pay for publication of the voters' pamphlet and the
costs of the election regarding this proposition.
In accordance with RCW 29A.32.280, arguments advocating approval and
disapproval of the advisory ballot proposition shall be included in the
voters' pamphlet and shall be prepared by committees appointed by the
Kent City Council. Each committee shall be composed of not more than
three persons. If the City Council fails to appoint committees in accordance
with RCW 29A.32.280, the county auditor shall, whenever possible, make
the appointments. The committee advocating approval of the advisory
proposition shall be composed of persons known to favor the ballot
proposition, and the committee advocating disapproval shall be composed
of persons known to oppose the ballot proposition. Statements of the
committee advocating approval and the committee advocating disapproval
shall be submitted to King County Elections no later than 4:30 p.m. on
August 13, 2015. The rebuttal statement of each committee shall be
submitted to King County Elections no later than 4:30 p.m. on August 17,
2015.
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SECTION 7. -CERTIFIED COPIES OF RESOLUTION TO BE FILED. The
Kent City Clerk is directed to file certified copies of this resolution with the
King County Council and King County Elections.
PASSED at an open public meeting by the City Council of the City of
Kent, Washington, this, the 28th day of July, 2015.
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CONCURRED in by the Mayor of the City of Kent this .:Zf'-day of
-:;;_;J.y 1 2015.
ATTEST:
APPROVED AS TO FORM:
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I hereby certify that this is a true and correct copy of Resolution No.
141.5 passed by the City Council of the City of Kent, Washington, the_
ih -£t1 day of .:lvLY , 2015.
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CITY OF KENT PROPOSITION 1 -EXPLANATORY STATEMENT
November 3, 2015 General Election
In accordance with RCW 29A.32.241(4), the City Attorney for the City of Kent
hereby submits the following explanatory statement for Proposition 1, which was
scheduled to appear on the November 3, 2015 King County Voters' Pamphlet in
accordance with Resolution No. 1913. Resolution No. 1913 was passed by the Kent
City Council on July 28, 2015, and submitted to the County on August 4, 2015.
Explanatory Statement
Consumer fireworks are fireworks that may be purchased at fireworks
stands in Kent. Currently, under the Kent City Code, consumer
fireworks may be sold and purchased from 12:00 noon to 11:00 p.m.
on June zgth, and from 9:00 a.m. to 11:00 p.m. from June 29th
through July 4th. Consumer fireworks may be possessed from 12:00
noon on June 28th through 11:00 p.m. on July 4th, but may only be
discharged between 9:00 a.m. and 11:00 p.m. on July 4th. Under
current law, consumer fireworks are prohibited at all other times.
Public displays of fireworks, such as the City's fireworks shows that
occur during the 4th of July Splash event at Lake Meridian Park and the
tree lighting ceremony in downtown Kent, are subject to strict
inspection and permitting regulations. Proposition 1 will have no effect
on public displays of fireworks.
Proposition 1 seeks a non-binding advisory vote as to whether the City
Council should pass an ordinance prohibiting the sale, possession and
discharge of consumer fireworks in Kent at all times, including the July
4 holiday period. A vote of "YES" on Proposition 1 is a vote in favor of
the City Council adopting a law making it unlawful to sell, possess and
discharge consumer fireworks at all times in Kent. A vote of "No" on
Proposition 1 is a vote against the City Council adopting a law making
it unlawful to sell, possess and discharge consumer fireworks in Kent.
I hereby swear under penalty of perjury under the laws of the state of Washington
that the above explanatory statement was prepared and reviewed by me, Thomas
Brubaker, City Attorney for the City of Kent, on July 28, 2015.
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Th mas Brubaker
City Attorney for Kent
Date